AA v Austrian Embassy, Final Decision on Jurisdiction, Case No 05S3279, ILDC 826 (PT 2007), 18th February 2006, Supreme Court
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 9336 words.
Whether relative or absolute state immunity applied in the context of employment contracts.
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Aerotrade Incorporated v Bezzi, ex parte Haiti, Cassation, BJ 863 1735, ILDC 1204 (DO 1982), 1st October 1982, Dominican Republic [do]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 4165 words.
Whether foreign governments were immune from the jurisdiction of Dominican courts to pronounce on the existence of debts between them and an individual and to authorize the seizing of money...
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AF-CAP Incorporated v Congo and ors, Appeal Judgment, Case No 03-50506, Case No 03-50560, 383 F.3d 361 (5th Cir. 2004), ILDC 119 (US 2004), 17th September 2004, Court of Appeals (5th Circuit) [5th Cir.]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 7661 words.
Whether, under the 1976 Foreign Sovereign Immunities Act, a foreign state could claim sovereign immunity from attachment or execution against certain intangible assets and thereby avoid a...
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Al Fayed, Re, Al Fayed v Lord Advocate and Advocate General, Judicial Review, [2004] ScotCS 66, 2004 SC 568, 2004 SLT 319, ILDC 99 (UK 2004), 12th March 2004, Outer House [OH]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 14125 words.
Whether the next-of-kin's right under Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (‘European Convention on Human Rights’) to an investigation...
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Amergi and ors v Palestinian Authority and Palestine Liberation Organization, Appeal decision, 611 F3d 1350 (11th Cir 2010), ILDC 1577 (US 2010), 27th July 2010, Court of Appeals (11th Circuit) [11th Cir.]
Legal Material. Subjects: Relationship Between International and Domestic Law; Statehood, Jurisdiction of States, Organs of States; Use of Force, War, Peace and Neutrality; Public International Law; International Law; Law. 12035 words.
Whether federal courts had subject matter jurisdiction under the Alien Tort Statute for a single murder committed by private actors in the course of an armed conflict.
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Anita W v Johannes Adam II, Prince of Liechtenstein, Final appeal/cassation, 7 Ob 316/00x, ILDC 1 (AT 2001), 14th February 2001, Supreme Court of Justice [OGH]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 6495 words.
Whether absolute immunity of a foreign head of state superseded international human rights.
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(Anonymous) Foreign State v (Anonymous) Russian Construction Company, Decision on ‘nadzor review’, ILDC 24 (RU 2001), 18th January 2001, Supreme Commercial Court
Legal Material. Subjects: International Organizations (Law); Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 2071 words.
Whether a foreign state enjoyed immunity in a case concerning the performance of a contract for the construction of buildings for non-commercial state functions.
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(Anonymous) Russian Enterprise v (Anonymous) Foreign Embassy, Decision of the Arbitrazh Court of Cassation, ILDC 25 (RU 2001), 18th January 2001, Russian Federation [ru]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 1467 words.
Whether a foreign embassy had immunity from a counterclaim if it had brought the initial claim before a domestic court in the forum state.
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Appellant v Prosecutor-General, Appeal Judgment, ILDC 1145 (BE 2006), 23rd October 2006, Court of Appeal
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 1146 words.
Whether the placement of Kosovo under United Nations administration resulted in the loss of nationality of a Serb national residing in Kosovo.
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7 Arbitral Tribunal (Articles 6–12, Schedules 2 and 3)
in A Guide to the HKIAC Arbitration Rules
Chapter. Subjects: Statehood, Jurisdiction of States, Organs of States; International Law; Public International Law; Arbitration; Law. 44 pages. 22775 words.
This chapter describes the framework for parties to appoint, remunerate, challenge, and replace arbitrators under the HKIAC Rules. Disputes submitted to HKIAC arbitration are generally...
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Arrest and Return of Savarkar, France v Great Britain, Award, (1911) XI RIAA 243, ICGJ 401 (PCA 1911), 24th February 1911, Permanent Court of Arbitration [PCA]
Legal Material. Subjects: Individuals and Non-state Actors; Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 1572 words.
Whether Britain was required to return Mr Savarkar to France as a result of his irregular apprehension in Marseilles after escaping from a ship on which he was held under British authority.
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11 Awards, Decisions, and Orders of the Arbitral Tribunal (Articles 32–40)
in A Guide to the HKIAC Arbitration Rules
Chapter. Subjects: Statehood, Jurisdiction of States, Organs of States; International Law; Public International Law; Arbitration; Law. 30 pages. 15156 words.
This chapter discusses section V of the HKIAC Rules. It provides the framework for making awards, decisions, and orders by the arbitral tribunal in HKIAC arbitrations. It also addresses the...
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Bah v Libyan Embassy, Application to Industrial Court, case no IC 956/2005, ILDC 154 (BW 2005), 28th November 2005, Industrial Court
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 3568 words.
Whether an embassy enjoyed immunity in a domestic civil court for breach of an employment contract towards a foreign employee.
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Bobetko Report, Croatia, Review of Constitutionality and Legality, Case No U-X-2271/2002, ILDC 383 (HR 2002), 12th November 2002, Croatia
Legal Material. Subjects: International Courts and Tribunals; Relationship Between International and Domestic Law; Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 29450 words.
Whether the Croatian Constitutional Court could review the constitutionality of decisions of a United Nations organ.
Whether actions of the Croatian Army, carried out with the aim...
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Borchgrave, Belgium v Spain, Discontinuance, order, PCIJ Series A/B No 73, ICGJ 325 (PCIJ 1938), 30th April 1938, Permanent Court of International Justice (historical) [PCIJ]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 651 words.
Whether the objection to the Court's jurisdiction as to the lack of jurisdiction ratione temporis should be upheld.
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Borri v Argentina, Request for a Ruling on Jurisdiction, Case No 11225, (2005) 88 Riv Dir Int 856, ILDC 296 (IT 2005), 27th May 2005, Supreme Court of Cassation
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 4233 words.
Whether the issuance of state bonds and subsequent legislative acts extending the term of interest payment on account of a situation of national public emergency fell within acta iure...
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Bouzari (Houshang) and ors, Amnesty International (Canadian Section) (intervening) and ors (intervening) v Iran, Appeal decision, 71 OR (3d) 675 (Ont CA), 2004 CanLII 871 (ON CA), (2004) 243 DLR (4th) 406, 2004 CarswellOnt 2681, 122 CRR (2d) 26, (2004) OJ No 2800, ILDC 175 (CA 2004), 30th June 2004, Court of Appeal [ONCA]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 11738 words.
Whether customary or conventional international law obliged Canada to provide for civil actions against a foreign State for acts of torture committed in that State.
Whether an...
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Butt v Director of Immigration, First instance decision, [2009] 2 HKLRD 1, [2008] HKCFI 389, HCAL No 32 of 2007, ILDC 1706 (HK 2008), 16th April 2008, High Court as Court of First Instance
Legal Material. Subjects: Relationship Between International and Domestic Law; Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 4393 words.
Whether international or domestic law necessitated the inclusion of a person’s country of birth in a Hong Kong Special Administrative Region (‘HKSAR’) passport.
Whether the...
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Canada v Miller, Appeal to Supreme Court, [2001] 1 SCR 407, 2001 SCC 12, ILDC 179 (CA 2001), 1st March 2001, Supreme Court [SCC]
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 7794 words.
Whether Canada, as landlord of an international organization that enjoyed immunity, may be sued by an employee of that organization for injury at his place of employment.
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Cargnello v Italy, Final Appeal Judgment, No 13175, ILDC 557 (IT 2005), 20th June 2005, Supreme Court of Cassation
Legal Material. Subjects: Statehood, Jurisdiction of States, Organs of States; Public International Law; International Law; Law. 4637 words.
Whether the granting of immunity to foreign states over certain aspects of employment-related disputes constitute an infringement of the right not to be removed from the court...
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